Donald Trump's Possible Third Term: Legal Constraints and Political Dynamics
An examination of the constitutional and political landscape regarding a potential third presidential term for Donald Trump.
Former President Donald Trump has suggested he may seek a third term in office, a concept that faces significant legal barriers under the United States Constitution.
During a recent interview with NBC News, Trump remarked, "I'm not joking" about the aspiration, claiming that American citizens are urging him to run again.
Trump, 78, served as president from January 20, 2017, until January 20, 2021, and is poised to begin a potential second term if he wins the upcoming election.
The 22nd Amendment of the U.S. Constitution explicitly states, "No person shall be elected to the office of the President more than twice," a measure ratified in 1951 in response to President Franklin D. Roosevelt's unprecedented four terms.
Legal experts affirm that this amendment clearly restricts any individual from serving more than two terms, with some suggesting that a legal challenge by Trump to this amendment would likely not succeed in court.
Wayne Unger, a constitutional law professor at Quinnipiac University, noted that while the amendment has not faced direct challenge in the courts since its ratification, the Supreme Court would likely interpret it as a definitive barrier to Trump’s ambition for a third term.
Amending the Constitution to allow for additional presidential terms is theoretically possible but improbable given the present political climate in the U.S. A constitutional amendment requires a two-thirds majority approval from both the House of Representatives and the Senate, or a convention called by two-thirds of the states followed by ratification from 38 out of 50 state legislatures.
Currently, Republicans hold a slim majority in the House (218-213) and a slightly larger one in the Senate (53-47), with control over 28 state legislatures.
In January, Republican Congressman Andy Ogles of Tennessee, a noted Trump ally, proposed an amendment to the 22nd Amendment that would allow individuals to serve three non-consecutive presidential terms.
Should this proposal gain traction, it would specifically enable Trump to seek a third term beginning in January 2029, well into his 80s, potentially making him the oldest president in U.S. history.
Trump has also floated the idea of running as a vice president under his expected successor JD Vance in 2028, speculating that Vance could assume the presidency while Trump would step in as vice president.
However, this scenario encounters its own complications, as the 12th Amendment states that no person who is constitutionally ineligible to serve as president can serve as vice president.
Hence, due to the restrictions imposed by the 22nd Amendment, Trump would not be eligible for the vice presidency.
While discussions surrounding a third term remain largely speculative, the legal and procedural hurdles entrenched in the Constitution present formidable challenges to Trump’s ambitions.